HomeMy WebLinkAboutMINUTES - 06271989 - 1.21 CLAIM /�2/
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 27 , 1989
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Goverment Code
Amount: $124, 448 . 00 Section 913 and 915.4. Please note all "Warninn�YPj0-
CLAIMANT:
DAVID MARSHALL CO
403 Ericwood Court ✓U� �nSQj
ATTORNEY: Manteca, CA 95336 01W/2e2 e(11980
Date received q
ADDRESS: BY DELIVERY TO CLERK ON May 26 , 1989 hand �?
BY MAIL POSTMARKED: no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
June 5 , 1989 PpHNIL BATCHELOR, Clerk
DATED: BY: Deputy
N L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
(�+ ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: G /� / BY: I Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(�) This Claim is rejected in full.
,( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: JUN 2 7 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
JUN 3 0 1989
Dated: BY: PHIL BATCHELORby 9 puty Clerk
CC: County Counsel County Administrator
1-247D
1 DAVID MARSHALL, IN PRO PER C f E
403 Ericwood Court
2 Manteca, CA. 95336 MAY 2 IS 1989
Telephone No. : (209) 823-4846
3 PFiiL BATCHELOR
4 CLERK BOARD OF SUPERVISORS
CO 'r? OS 1A.CO.
By ....... Deputy
5
6
7
8 CLAIM OF: )
9 DAVID MARSHALL )
Claimant, ) CLAIM FOR DAMAGES
10 vs. )
)
11 COUNTY OF CONTRA COSTA, )
12 Defendant. )
13 TO: THE COUNTY OF CONTRA COSTA:
14 DAVID MARSHALL hereby makes claim against the COUNTY OF CONTRA COSTA,
15 for the sum of $ 124,448.00 and makes the following statements in support
16 of the claim:
17 1. Claimant' s mailing address is 403 Ericwood Court, Manteca,
18 California 95336.
19 2. All notices or other communications concerning this Claim should be
20 sent to David Marshall , 403 Ericwood Court, Manteca, CA. 95336.
21 3. The date and place of the occurrences giving rise to this claim
22 are December 2 1988, at 0740 hours, on a public street and highway in Contra
23 Costa County approximately .2 miles west of Orchard Road, called Marsh Creek
24 Road.
25 4. The circumstances giving rise to this Claim are as follows: At the
26 above date, time and place, one of Claimant' s tires on the .vehicle he was
27 driving went off the travelled portion of the road, caught, and thereby caused
28 Claimant' s vehicle to swerve and further causing him to lose control , turn ove
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1 which caused him to sustain severe injuries.
2 Claimant' s accident was caused by the negligence of the COUNTY OF CONTRA
3 COSTA in that when COUNTY OF CONTRA COSTA re-surfaced this road they left a
4 seven inch drop off at the perimeter of a curve on the right side, which curve
5 from west to south in a generally westerly and southerly direction and COUNTY
6 OF CONTRA COSTA was further negligent in that they did not provide any shoulder
7 or continuing graduation for vehicles, including that of Claimant' s vehicle
8 herein.
g COUNTY OF CONTRA COSTA was further negligent in that they did not pro-
10 vide an adequate travel lane which made the travel lane inadequate by a seven
11 inch drop off immediately on the perimeter and there was no shoulder or gradua
12 tion which could be utilized by motorists and Claimant.
13 COUNTY OF CONTRA COSTA was further negligent in that they did not pro-
14 vive, any warning signs whatsoever to warn motorists and Claimant of this
15 dangerous and defective condition.
16 As a result of all of the above referred to negligence by COUNTY OF
17 CONTRA COSTA, Claimant sustained multiple injuries to his whole body, includ-
18 ing severe strain of the neck and back with nerve root involvement and sus-
19 pected herniated disc which Claimant is informed and believes will cause him
20 to undergo surgery to correct and that Claimant will be permanently disabled.
21 5. Claimant's injuries and damages are:
22 a. Medical specials (bills) .
23 b. Loss of Earnings.
24 c. General Damages.
25 6. The agents and employees of the COUNTY OF CONTRA COSTA that are
26 responsible for Claimant' s injuries are public employees of the COUNTY OF
27 CONTRA COSTA.
28 7. Claimant' s claim as of the date of this Claim is $124,448.00 and
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I on going.
2 8. The basis of computation of the above amount is approximately as
3 follows:
4 Estimated Medical Specials (bills) $ 10,000.00
5 and on going. The exact amount
as of this date cannot be fully
ascertained.
6
Loss of Earnings (to present date) $ 14,448.00
7 and continuing at $560.00 per
week.
8
9 General Damages $100,000.00
Total : $124,448.00 and
10 On-going.
11 DATED: May 26, 1989.
12 �. IL44e
13 D MARSHALL, Claimant
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